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JUBILEE CAROLINA v. TOWN OF NORTH CAROLINA

No. COA18-1108.

834 S.E.2d 665 (2019)

JUBILEE CAROLINA, LLC, Petitioner, v. TOWN OF Carolina Beach, NORTH CAROLINA, Carolina Beach Development Company 1, LLC, and Wilmington Holding Company, Respondents.

Court of Appeals of North Carolina.

Filed: October 15, 2019.

Attorney(s) appearing for the Case

Brooks, Pierce, McLendon, Humphrey & Leonard, L.L.P., Greensboro, by Daniel F. E. Smith and S. Leigh Rodenbough IV , for petitioner-appellant.

Craige & Fox, PLLC, Wilmington, by Charlotte Noel Fox , for respondent-appellee Town of Carolina Beach.

Fox Rothschild LLP, Greensboro, by Kip D. Nelson and Thomas E. Terrell, Jr. , for respondent-appellee Carolina Beach Development Company 1, LLC.

Ward and Smith, P.A., by Thomas S. Babel , for respondent-appellee Wilmington Holding Company.

Where the superior court properly reviewed and determined that the Town Council's decision was based on competent, material, and substantial evidence in the record, we affirm the superior court's ruling.

This matter involves a zoning decision by respondent Town of Carolina Beach ("the Town"), approving a conditional use permit...

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